At this time, Xie Ling first glanced at me sideways, and then said into the microphone in front of her: "As the defendant's defender, I would like to make the following brief defense comments on the civil part of the criminal case. First, the plaintiff's claim has no factual basis.

.Just like our previous opinion in the criminal part, there is only the defendant's statement and no corresponding legal and effective physical evidence to prove that my two clients smashed the glass.

Therefore, the defendant cannot be found to be at fault. First of all, the iron rod and hammer found at the scene did not have the fingerprints of my two clients, which the public prosecution agency has recognized. Secondly, the video provided by the respondent, that is, Wei Ze,

He secretly installed spy equipment and took the photos secretly. Spy equipment is an illegal facility and the images recorded by it cannot be used as evidence. Again, it is now all over the streets.

There are small advertisements for issuing invoices. Let alone tens of thousands of glass invoices, I can get hundreds of thousands. I will present an almost identical invoice with a different amount to the court later to prove my side.

Second, the respondent's claim for compensation has no legal basis. The respondent claimed that it was based on the "General Principles of the Civil Law of the People's Republic of China" (promulgated on April 12, 1986)

Article 75 and Article 83 of the Law (Effective on January 1, 1987) stipulate the filing of a compensation request against my client. Article 75 of the Law stipulates: A citizen’s personal property, including a citizen’s lawful income, house

, savings, daily necessities, cultural relics, books and materials, forests, livestock and other means of production and other legal property permitted by law to be owned by citizens. The legal property of citizens is protected by law.

Protect and prohibit any organization or individual from appropriating, plundering, dispossessing, or illegally sealing, detaining, freezing, or confiscating. Article 83 of the Law stipulates that all parties adjacent to real estate shall act in a manner that is conducive to production, convenient for life, and shall unite and assist each other.

In a fair and reasonable spirit, we must correctly handle the adjacent relationships in water interception, drainage, traffic, ventilation, lighting, etc. Create good conditions for adjacent parties

If any obstruction or loss is caused, the infringement shall be stopped, the obstruction shall be eliminated, and the loss shall be compensated. First of all, Article 75 refers to legal property, and the respondent’s glass curtain wall and terrace glass door were illegally constructed and were not part of the original building plan.

The original objects in the design drawings were all added by themselves. We went to the planning department to obtain the general floor plans of the three buildings of Jinxiu Garden. The existence of glass curtain walls was not marked in the drawings.

, and the glass door of the terrace is not marked as soundproof glass. Therefore, the respondent’s terrace glass door and glass curtain wall are illegal buildings or structures and should not be protected according to law. Secondly, Article 83 of the General Principles of the Civil Law emphasizes that relevant

Neighboring parties should abide by the principles of convenient living, solidarity and mutual assistance, and fair and reasonable coexistence. How about erecting a high glass curtain wall between the two families?

It disrupted the ventilation of my client’s home, caused huge safety hazards, and hindered my client’s life. The respondent’s selfish behavior was not convenient for life, united and helped each other, and was fair and reasonable. On the contrary, it was

The respondent violated the principles of convenience of life, solidarity and mutual assistance, fairness and reasonableness stipulated in the above-mentioned laws. In summary, we request the collegial panel to reject all the plaintiff’s claims.”

The defendant had never submitted a written defense to the court regarding the civil part of the crime, so I had no choice but to listen carefully and briefly record Xie Ling's defense in the notebook in front of me with a water-based pen.

I always felt that something was wrong with what she said, but I couldn't immediately come up with a rebuttal.

Hey, it would be great if Zhao Jing was here. I don’t know if I will be frustrated when the debate comes.

Next, the presiding judge said: “Based on the pleading opinions of both the plaintiff and the defendant, we will now summarize the focus of the dispute: What are the factual and legal basis for the plaintiff’s criminal incidental civil litigation request, and whether it can be supported by the court.”

Xie Ling immediately looked at the presiding judge and said: "I think the focus of your dispute is too general and unprofessional. You should summarize it in more detail, that is, add one question: whether the plaintiff's bill is a false bill, and whether the high price was obtained from it.

Purchased from Jiu Ba Lao."

In the south, Jiubao is similar to the general term for black agents or underground agents.

The presiding judge frowned at this time and said: "The opinions of the defendant's attorney will not be adopted."

Xie Ling stared and said, "Why?"

At this time, I felt Xie Ling's master kick her hard under the table, because I saw both of their bodies move, and then Xie Ling showed a painful expression, and then stopped with a look of aggrievedness.

Make a sound.

The presiding judge seemed to be controlling his emotions. He took a deep breath, looked at Xie Ling's master, and said: "The supplementary content of the dispute points proposed by the defendant's trainee lawyer has been covered by the dispute points I just summarized.

Therefore, his opinions will not be adopted. As for the relevant opinions raised by him, during the presentation of evidence and cross-examination and court debate, both the plaintiff and the defendant can further conduct arguments and reasoning. Is the defendant’s main attorney clear about this?”

Xie Ling's master nodded hurriedly and said: "Clearly, clearly, we have no objection."

The presiding judge nodded and said: "Does the additional civil plaintiff have any objection to the focus of the dispute?"

I shook my head and said, "No objection."

The presiding judge said: "Now it is up to the attached civil plaintiff to present evidence."

I took a deep breath and said: "Our evidence is my real estate certificate and the invoice for installing glass doors and glass curtain walls, which proves my qualifications as a plaintiff and the amount of losses. The copies have been submitted to the court before the trial."

The presiding judge said: "The defendant has received the plaintiff's evidence from the court. Does it need to see the original?"

Xie Ling crossed her arms, raised her head and said, "Don't look!"

The presiding judge frowned again and said, "Plaintiff, please bring the original copy of your evidence to the collegial bench for verification."

So I got up and walked to the clerk, holding the two originals of evidence in both hands and handing them to the clerk.

The presiding judge took the original copy of my evidence from the clerk, looked at it briefly, and continued: "The original copy is verified to be correct. Next, the defendant or defender will issue cross-examination opinions."

At this time, it was still Xie Ling who spoke. She was shaking her body, probably her legs were shaking, and said with a chuckle: "I have no objection to the three properties of the real estate certificate, but I have objections to the three properties of the bill. Related

Our counter-arguments will be discussed later when we present evidence and debate.”
Chapter completed!